Jammu & Kashmir High Court
TrP (C)/26/2023 on 21 July, 2026
2026:JKLHC-JMU:2198
Serial No.50
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
TrP (C) No. 26/2023
Date of Pronouncement:21.07.2026
Uploaded on 22.07.2026.
Binu Pandit D/o Durga Prasad Pandit
W/o Rahul Mattoo
R/o at present Flat No. 10, Block-129
Lane No. 21, Jagti Colony, Nagrota
Jammu. .....Appellant(s)/Petitioner(s)
Through: Mr. P.N. Bhat, Sr. Advocate with
Ms. Urvashi Kichloo, Advocate.
V/s
Rahul Mattoo S/o Sh. Moti Lal Mattoo
At Present H. No. 442, Lane No. 09,
Gurha Colony Barnai, Jammu.
Presently Posted in Govt. Middle School,
Vedpora, Education Zone Kigam,
Tehsil Kigam, District Shopian. ..... Respondent(s)
Through: None.
CORAM: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER
21.07.2026
01. The present petition has been filed seeking transfer of a petition instituted
by the respondent under Section 13(1) (ia) of the Hindu Marriage Act,
1955, titled “Rahul Mattoo v. Binu Pandit”, presently pending before the
Court of the learned District Judge (Matrimonial Court), Shopian, to a
Court of competent jurisdiction at Jammu.
02. The petitioner submits that both parties are registered migrants with the
Relief Organisation, Jammu, and have been residing at Jammu for the last
about thirty years. It is pleaded that the respondent came to be appointed
as a Teacher in District Shopian under the Prime Minister’s Package in the
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year 2010 and is stationed there only on account of his official posting.
According to the petitioner, the divorce petition has been instituted at
Shopian solely with a view to harass her and to secure an ex parte decree,
knowing fully well that she would find it difficult to contest the
proceedings there.
03. It is further averred that the petitioner continues to face security concerns
and, being a migrant residing at Jammu, is unable to effectively prosecute
or defend the proceedings before the Court at Shopian. It is also contended
that the respondent is otherwise permanently residing at Jammu and is
only temporarily stationed in the Valley because of his employment.
04. Learned counsel appearing for the petitioner further submits that other
proceedings arising out of the matrimonial dispute between the parties are
already pending before the competent Courts at Jammu.
05. The respondent has filed objections, contending that he is a permanent
resident of District Shopian and is presently serving as a teacher in the
said district. It is urged that the Court at Shopian possesses territorial
jurisdiction to entertain the divorce petition. It is also stated that the
petitioner resided with the respondent at Migrant Colony, C-4 Hawal, till
May 2023 and shifted to Jammu only after matrimonial discord arose.
06. Despite filing objections, the respondent has chosen not to participate in
the subsequent proceedings. When the matter was taken up for
consideration, none appeared on his behalf.
07. I have heard learned counsel for the petitioner and perused the material
available on record.
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08. It is not in dispute that both parties are registered migrants and have been
residing at Jammu. It also stands admitted that the respondent secured
appointment as a Teacher under the Prime Minister’s Package in the year
2010 and has been residing in the Valley only by virtue of such posting.
09. During the course of hearing, it has also been brought to the notice of this
Court that proceedings under the Protection of Women from Domestic
Violence Act, instituted by the petitioner, are pending before the
competent Court at Jammu and that the respondent has been regularly
appearing and contesting the said proceedings.
10. The admitted position, therefore, is that both parties are migrants. The
petitioner is presently residing with her parents at Flat No. 10, Block No.
129, Jagti Colony, Nagrota, Jammu. Though the respondent has pleaded
that the Court at Shopian has jurisdiction to entertain the divorce petition,
it has also been brought to the notice of this Court that prior to his
appointment under the Prime Minister’s Package, he too was residing at
Jammu as a migrant.
11. Once the respondent is already contesting the proceedings initiated by the
petitioner before the competent Court at Jammu, no substantial prejudice
would be caused to him if the matrimonial petition is also tried at Jammu.
On the contrary, compelling the petitioner to contest the proceedings at
Shopian, where the respondent is presently posted, would cause her
considerable hardship and inconvenience, particularly in view of her
migrant status and the security concerns projected by her.
12. It is a settled principle that while considering an application for transfer of
matrimonial proceedings, the Court is required to weigh the comparative
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convenience of the parties. Having considered the respective
circumstances, this Court is satisfied that the inconvenience and prejudice
likely to be suffered by the petitioner in defending the proceedings at
Shopian far outweigh any inconvenience that may be caused to the
respondent if the matter is transferred to Jammu, especially when he is
already appearing before the Courts at Jammu in the connected
proceedings.
13. In view of the aforesaid facts and circumstances, and there being no
effective opposition to the present petition, this Court finds merit in the
prayer for transfer.
14. Accordingly, the transfer petition is allowed. The petition under Section
13(1) (ia) of the Hindu Marriage Act, 1955, titled “Rahul Mattoo v. Binu
Pandit”, pending before the Court of the learned District Judge
(Matrimonial Court), Shopian, is withdrawn from the said Court and
transferred to the Court of the learned Principal Judge, Family Court,
Jammu, for disposal in accordance with law. The learned Principal Judge
shall be at liberty either to retain the matter on his own file or assign it to
the Court of the Additional District Judge dealing with matrimonial
matters at Jammu, as may be considered appropriate.
15. The learned District Judge, Shopian, shall forthwith transmit the entire
record of the case to the transferee Court.
16. Upon receipt of the record, the transferee Court shall proceed with the
matter from the stage at which it is received and shall endeavour to
dispose of the case expeditiously in accordance with law.
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17. Before proceeding further in the matter, the transferee Court shall ensure
that due notice of the proceedings is served upon the respondent.
18. The transfer petition stands disposed of along with all connected
applications, if any.
(Sanjay Parihar)
Judge
Jammu
21.07.2026
Renu
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